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Practice And Procedure, Elizabeth Leigh Mullikin Oct 1987

Practice And Procedure, Elizabeth Leigh Mullikin

South Carolina Law Review

No abstract provided.


Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger Jul 1987

Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger

Law and Contemporary Problems

No abstract provided.


Foreword: Issues In Extraterritoriality, Pamela B. Gann Jul 1987

Foreword: Issues In Extraterritoriality, Pamela B. Gann

Law and Contemporary Problems

No abstract provided.


Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett Jul 1987

Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett

Law and Contemporary Problems

No abstract provided.


Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick Jul 1987

Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick

University of Arkansas at Little Rock Law Review

No abstract provided.


Extraterritorial Subsidiary Jurisdiction Jul 1987

Extraterritorial Subsidiary Jurisdiction

Law and Contemporary Problems

No abstract provided.


Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts Jul 1987

Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts

Law and Contemporary Problems

No abstract provided.


The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer Jul 1987

The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer

Law and Contemporary Problems

No abstract provided.


Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood Jul 1987

Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood

Law and Contemporary Problems

No abstract provided.


A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner Jul 1987

A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner

Law and Contemporary Problems

No abstract provided.


Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen Jul 1987

Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen

Law and Contemporary Problems

No abstract provided.


Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover Jul 1987

Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover

Law and Contemporary Problems

No abstract provided.


Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood Jul 1987

Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood

Law and Contemporary Problems

No abstract provided.


Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson Mar 1987

Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson

Louisiana Law Review

No abstract provided.


A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer Feb 1987

A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer

Duke Law Journal

No abstract provided.


Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay Jan 1987

Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay

Penn State International Law Review

This article addresses the problems of "exorbitant" jurisdiction under the EEC Judgments Convention. Specifically, the author discusses the threat that Article 4 of this document may be used by EEC members to exercise in personam jurisdiction against non-member states. The history and usage of "exorbitant" jurisdiction are discussed, with reference to its legal development, its application under the EEC convention, and its importance in terms of the Hague Draft Convention.


Encountering Counterclaims, Alison Dundes Renteln Jan 1987

Encountering Counterclaims, Alison Dundes Renteln

Denver Journal of International Law & Policy

No abstract provided.


Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner Jan 1987

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …


Case Digest, Law Review Staff Jan 1987

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE EXTENDS TO FOREIGN CRIMINAL INVESTIGATIONS WHERE UNITED STATES NARCOTICS AUTHORITIES REASONABLY RELIED ON FOREIGN LAW ENFORCEMENT OFFICERS' REPRESENTATIONS THAT SEARCH COMPLIED WITH THE FOREIGN COUNTRY'S LAW--United States v. Peter-son, 812 F.2d 486 (9th Cir. 1987).

ASSETS OF A WHOLLY-OWNED FOREIGN INSTRUMENTALITY ARE NOT SUBJECT TO ATTACHMENT TO SATISFY JUDGMENT AGAINST A FOREIGN STATE UNLESS PLAINTIFF OVERCOMES PRESUMPTION OF INDEPENDENT STATUS--Hercaire Int'l, Inc. v. Argentina, 821 F.2d 559(11th Cir. 1987).

UNITED STATES DISTRICT COURT HAS SUBJECT MATTER JURISDICTION OVER MEXICAN CONSULAR OFFICIALS FOR THEIR ALLEGED ATTEMPTS TO SUPPRESS CRITICAL DEMONSTRATIONS OUTSIDE MEXICAN CONSULATE IN …


Litigation Of International Disputes In U.S. Courts, T. C. Hartley Jan 1987

Litigation Of International Disputes In U.S. Courts, T. C. Hartley

Denver Journal of International Law & Policy

No abstract provided.


Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele Jan 1987

Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele

West Virginia Law Review

No abstract provided.


Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr. Jan 1987

Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.

Seattle University Law Review

Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are …


Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain Jan 1987

Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain

Dalhousie Law Journal

There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.